BARRIE B. ELLISON, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF CARL B. ELLISON; LOUIS FRIEDMAN AND CHERYL A. FRIEDMAN, T/A FRIEDELL ASSOCIATES, A NEW JERSEY PARTNERSHIP, PLAINTIFFS-APPELLANTS-CROSS-RESPONDENTS,
v.
THE EVERGREEN CEMETERY, A CEMETERY ASSOCIATION INCORPORATED UNDER THE LAWS OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT-CROSS-APPELLANT, AND BARBARA W. DOWNS,[] INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF HARRY P. DOWNS, JR.; AND WARNOCK AUTOMOTIVE GROUP, INC., A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS. THE EVERGREEN CEMETERY, A CEMETERY ASSOCIATION INCORPORATED UNDER THE LAWS OF THE STATE OF NEW JERSEY, PLAINTIFF,
v.
CARL B. ELLISON, BARRIE ELLISON, LOUIS FRIEDMAN, DAVID FRIEDMAN, AND HEADQUARTERS DATSUN, INC., DEFENDANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 24, 1993.
Decided July 9, 1993.
Attorney(s) appearing for the Case
Herbert Stern argued the cause for appellants-cross-respondents Barrie B. Ellison, Louis Friedman and Cheryl A. Friedman, t/a Friedell Associates (Stern & Greenberg, attorneys; Howard D. Cohen and Joel M. Silverstein, on the brief).
John Buonocore, Jr. argued the cause for respondent-cross-appellant The Evergreen Cemetery (McKirdy and Riskin, attorneys; Mr. Buonocore, on the brief).
Myles C. Morrison, III and Steven F. Ritardi for respondent Barbara Y. Downs (Dillon, Bitar & Luther, attorneys; relied on the brief submitted by The Evergreen Cemetery).
Robert L. Tchak for respondent Warnock Automotive Group, Inc. (Wolff & Samson, attorneys; relied on the brief submitted by The Evergreen Cemetery).
No other parties participated in this appeal.
Before Judges PETRELLA, D'ANNUNZIO and KEEFE.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by PETRELLA, P.J.A.D.
Summary judgment was granted in the Law Division in favor of defendant The Evergreen Cemetery (Evergreen), resulting in the dismissal of plaintiffs' complaint. Plaintiffs had sought certain declaratory and equitable relief regarding the validity of 1964, 1965 and 1968 leases of cemetery land along Ridgedale Avenue in Morristown from Evergreen to their predecessor...
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